The real estate market is a safe market. Indeed, the price of real estate, whether for sale or rental continues to grow over time? It is therefore very advantageous to invest in this area.
You have taken the plunge and decided to invest in rental real estate as an individual. To do this, you choose to acquire a property to offer for rent. Once the ads are published, potential candidates begin to flock to file their rental file.
It is true that the risk of falling on a bad payer is slim. In addition, each candidate must always propose in his contract a person for the deposit in case of non-payment.
However, the risk exists. It is also possible that your relationship with your tenant deteriorates over time because it does not respect the regulations of the building or destroys your home. What is the procedure to follow to expel him? It is important to know that the duration of the eviction procedure of the tenant is long and very complex. To do this, it is mandatory to go through a court decision. However, the judicial process can be very cumbersome.
What are the valid reasons for expulsion and why expel?
It is not common for homeowners to decide to evict their tenant. This heavy decision can be explained by several reasons:
- Non-payment of rent
This is undoubtedly the most common reason for an eviction, although it is quite rare that the tenant does not pay his rent. By choosing not to fulfill its main obligation, it deprives you of one of your sources of income.
In this case, under article 7 of the law of July 6, 1989 which aims to improve the relationship between the owner and his tenant, the tenant is required to always pay his rent and charges that are recoverable. This law specifies that a non-payment can justify the cancellation of the rental contract and may lead to the expulsion of the defaulter. In addition, according to the judgment of the State Council appeared 1 stOctober 2015, it is said that the rents that you do not perceive because of not paying are always taxable.
It is therefore in your interest to proceed quickly to resolve the problem in order to recover as quickly as possible the entire outstanding amount. It is always advisable to negotiate with your tenant for the resolution of the problem.
However, in case it is not available for cooperation, commit yourself, as soon as possible, in an eviction procedure in order to be able to return your property for rent. For information, you have a maximum of 3 years to file a lawsuit.
- A lack of home insurance
When renting a home, the tenant has the duty to take out a home insurance that covers it in case of fire, damage caused by water resulting from the non-closing of a tap or in case of ‘explosion.
If you are not prepared to take out insurance, you can either subscribe to the home insurance, the contributions are recoverable from your tenant, or cancel the rental agreement, and therefore proceed to his expulsion.
The lack of home insurance is also one of the most used reasons for the eviction of a tenant.
- Other reasons for eviction of a tenant
There are a number of reasons for lawfully evicting a tenant. A lease may very well be terminated by the owner if the occupants of his property do not respect collective regulations and cause disturbances in their neighborhood.
It is also possible to terminate a rental lease contract in the event of failure to pay a deposit. Finally, it is your right, as the owner, to initiate the procedures for an eviction if your tenants degrade your home.
Expulsion of a tenant, what are the procedures to consider?
To improve the relationship between owners and their tenants in a private park, the French justice system introduced the ALUR law in 2014. However, it has really not changed much and engages in legal proceedings in order to evict a tenant is still, until today, a real obstacle course.
Thus, to help you get rid of a disrespectful tenant and bad payer, here are some tips to not waste time during this tedious procedure and recover your rents as soon as possible.
- The command to pay, the resolutely clause
What is the resolute clause? It is not uncommon for the lease to have a resolute clause. This allows denouncing the lease when the tenant begins to not pay his rent. By using this clause, you will be able to proceed with the expulsion of the latter by following the following steps:
- The command to pay
The command to pay is a letter that you must send to your tenant by your bailiff’s deed. It aims to ask him to proceed to pay his debt within two months, under penalty of being seized.
- The seizure of justice
In case the tenant refuses to pay his arrears, you can proceed to a seizure in order to request his expulsion.
However, it is interesting to know that Article 27-II of the ALUR Act requires you to report your case to the Commission actions and prevention of evictions. This procedure must be done at least two months before the court summons. Otherwise, you are in a condition of inadmissibility. This formality must also be done by your bailiff.
The termination clause is only applicable two months after the order to pay. However, this period is reduced to one month if you have invested in the furnished rental. To be valid, the command to pay must obligatorily reproduce in full the resolute clause that is registered in your lease. It must also include a certain number of legal devices aimed at informing said tenant of his rights, including that of being able to appeal to the judge of the district court to benefit from a payment period in the event of this.
Once the two-month period has elapsed, the resolute clause then takes effect and the bad paying tenant then loses any title of occupation. You can easily solve the problem of eviction of tent by taking help of Top Rated Real Estate Tampa 2018 .
- The summons
Once the resolute clause has taken effect, you can then proceed to the summary summons of your tenant before a judge of the place of situation of the building in order to be able to note the termination of the lease.
You then have the right to apply for the provisional judgment to pay the full amount that the tenant owes you. However, it is brought to your attention that for a summons, it is also mandatory to notify the prefect by means of a registered letter with acknowledgment of receipt. This notification must be made two months before the hearing, i.e. at least four months after the command to pay.
- The judicial procedure, the district court
The summons has been made. You just have to wait for the date of the hearing. This is fixed by the clerk. In other words, it depends on the clutter of the district court and the time of year. It is difficult to give a range on the hearing time because they differ according to the courts of instance. It should be noted, however, that the courts of jurisdiction are located whose suburbs are much longer than those of Paris.
In most cases, the case is not litigated at the first hearing or even in the second. Indeed, the tenant can request a justified return. This is automatic when the tenant requests the appointment of a lawyer for legal aid.
This designation may take a few months. It must also be remembered from time to time that the judge seized is not obliged to note the termination of the rental contract, even if the time of command has come to an end. It is entirely within his power to suspend the rescission clause and thus give your tenant additional time to pay his arrears. This new period may be 3 years if previously; it was a maximum of two years. This decision is often made if the judge believes that the tenant has the means to settle his debts.
At the end of this term and in the case where the bad payer has not yet paid his rent arrears, the judge has no choice but to apply the resolute clause. It is then finally possible for you to demand the final expulsion.
- The execution of the expulsion
Once the judge has ordered the eviction of the tenant and his conviction to pay all his unpaid rent, then you can proceed to the next step. This step consists of informing him of the judge’s decision and asking him to leave the premises within two months of receiving the registered letter. It is also mandatory to notify the prefect by registered letter on the court decision.
Indeed, Article L 412-1 of the Code of Civil Enforcement Procedures prohibits any type of expulsion before the expiry of the two-month period. This section takes effect as soon as it is the primary residence of the person to be evicted. It aims to allow the person to organize his move and find another residence. Failure to comply with this deadline may cost the owner the annulment of the court decision.
In addition, the tenant still has a way to delay his eviction. In fact, he may still ask for an additional period of time either from the judge hearing the application for interim measures or from the judge of enforcement. Under Article L 412-3, the judge may grant tenants an additional and renewable period of time whenever their relocation cannot be done under normal conditions.
This period is at least 3 months and cannot exceed 3 years. Having lost all your rights as a tenant, the occupant of your home usually thinks at this stage to have nothing to lose and does not hesitate to damage your property.
- Use the public force
In the case where the eviction decision is not executed, the tenant may persist in staying in the dwelling. It is, in this case in the right of the owner to resort to the public force, as long as it does not put into question public order. He can thus claim compensation from the State for the damage he has suffered. Indeed, he is obliged to proceed with the expulsion and he is therefore responsible after the delay granted by the judge is reached.
The bailiff must then request the intervention of a police commissioner for the execution of the court decision. In case the latter opposes an end of non-reception, the owner must then form an appeal for the refusal of the assistance of the police force at first with the prefect of police then in an administrative court if necessary. In the case where the prefect decides to reject the request, he must justify his decision.
Some practical tips
We can see that expelling a tenant can quickly become a real hell. Thus, to minimize the risk of bad pay, it is strongly advised to always ask the future tenant his bank details and those of his deposit.
In the event that you no longer collect rents, have your bailiff make a conservatory seizure of his bank account. This seizure must be made upon delivery of the order to pay. Once the end of the two months arrives, the deadline for the command to pay approach, send as quickly as possible the summons summoned so that it arrives as soon as possible while respecting the deadline.